HC directs Pb, Hry and centre to act on mental healthcare rules
Chandigarh: In a significant push toward strengthening mental healthcare governance, the Punjab and Haryana high court has issued a series of time-bound directions to the governments of Punjab, Haryana, and the Union Government for implementing long-pending provisions under the Mental Healthcare Act, 2017. Hearing a public interest litigation filed by Pushpanjali Trust, the court expressed concern over delays spanning several years in notifying rules and establishing statutory bodies mandated under the law. The court was informed that Haryana's rules under the Act had received central approval on Jan 8 and would be notified within 15 days. Similarly, Punjab's rules were approved on April 17. Taking note, the bench directed Punjab to notify its rules within the same 15-day timeframe. With respect to the Union Territory of Chandigarh, the administration stated that revised draft rules had been sent to the Centre on April 21. The court directed the central government to take a decision and grant approval within 15 days. The bench observed that such judicial intervention had become necessary due to prolonged inaction by authorities in finalizing and implementing the rules. The court also flagged gaps in the establishment of "halfway homes" and "group homes" for psychosocial rehabilitation, as mandated under the Act. While Chandigarh reported having a group home in Sector 31 and Haryana cited a facility in Rohtak's Sampla, no clear commitments emerged from Punjab or Haryana regarding wider implementation.The court directed both states to file affidavits clarifying the status of such facilities and compliance with statutory obligations, including provisions under Section 19(3) of the Act. Moreover, the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, was instructed to inform the court about timelines for conducting need-based surveys for group homes across Punjab. Haryana, meanwhile, cited an ongoing national survey led by AIIMS, New Delhi. The court further sought clarity on whether annual reports, as required under Section 64 of the Act, were being prepared regularly by state authorities. A key concern raised during the hearing was the failure to establish Mental Health Review Boards, which are mandatory under the Act. Haryana admitted that the process was still underway despite the statutory requirement being in place for seven years. The court directed Haryana to constitute the board within five weeks, underscoring that such bodies are essential for safeguarding the rights of persons with mental illness. The matter has been listed for further hearing on May 18.
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